WINICK PRODUCTIONS LLC

250 West 103rd Street, Apt. 4C

New York, NY 10025

Phone:(212)663-5564 Fax: (212)866-4382

Testimony Regarding Proposed Changes to Rules on Mobile Trailers for Genators

January 2, 2017

My name is Elliot Winick, the Owner and Principal of Winick Productions LLC. I have been involved in the production of Special Events for over 40 years in New York City. As such I usually obtain approximately 40-50 FDNY generator permits for special events during each year so I am intimately involved with the process and issues.

Recently, the major generator companies servicing the NYC area have obtained FDNY Citywide permits which allowed them to operate for special events. This was welcome in the special events industry since it streamlined and made the process much more efficient. This new proposed rule would not allow that, but would reinstate the need to obtain event specific permits for each time the generator is used on an event. The actual generator unit should be permitted once (a year?) and inspected – similar to a car/truck registration and inspection process. Like a car/truck – it’s basically an internal combustion engine, running primarily on diesel fuel. This is the approach that the sister agency, DEP (Department of Environmental Protection) takes – when they permit generators (which is also required).

There is no rational reason why a site specific permit would additionally be needed, and I’m not sure what problem(s) the proposed regulations are trying to solve. The three primary NYC permitting agencies – the Street Activity Permit Office, the Parks Department and the Mayor’s Office of Film, Theater and Broadcasting – all review the specifics of generator placement in their review of their permits. Any site specific considerations are already reviewed by them (i.e. moving a generator if the exhaust is under a tree canopy, etc). This doesn’t negate the ability of the FDNY District Office to do a site inspection, if they deem necessary, which is what they usually do on most major events. A similar permit process is in effect with the Dept of Health (DOH) which permits a food vendor for street fairs on an annual basis, but does an on-site inspection on events, without an additional site specific permit or cost.

In most cases, various agencies involved in the growing special events industry in NYC (which generates millions of dollars of revenue in NYC) have successfully streamlined, automated and simplified the various processes involved in the permit process. This new proposed regulation actually reversed that course with FDNY and makes the process more cumbersome. Under the new proposed regulations, in order to use a generator at a special event one would need 4 different permits:

-Permit from a primary permitting agency (SAPO, Parks, Film Office) to allow a generator to be placed on site

-FDNY Citywide permit – for the transport of a generator to the site (this needs to be clarified if it’s a requirement if a site specific permit is obtained!)

-FDNY site specific special event permit

-DEP – emissions permit

Logistically the obtaining of an event specific FDNY permit is onerous under the new proposed regulations. Instead of one annual Citywide permit – a specific generator unit might have to obtain 20-30 individual event permits if it’s often used in NYC. Notwithstanding the additional fees that are incurred for the same piece of equipment, to obtain such a permit requires a trip to FDNY headquarters or a District Office, with a schedule appointment. In most cases there is no site inspection to get one of these permits – except in large-scale events. I usually have a staff person having to go down to an FDNY office about once a week to obtain these permits. Minimally, an on-line, simpler application process would administratively be more efficient use of time for both special event producers and FDNY personnel alike.

There is also a range of current interpretations of what needs an FDNY permit. For years, under the definitions interpreted by the Citywide Event Coordination and Management office of the Mayor’s Office – portable and tow-able generators were exempt from the requirement of needing FDNY generators, only generators that were mounted on a trailer needed an FDNY permit. The current proposed regulations seems to require that any generator holding at least 10 gallons of fuel needs an FDNY permit. I believe that the 10 gallon requirement is too small and that the requirement should be any generator with 50 gallons or more should need an FDNY permit. This would accommodate most of the smaller portable and tow generators. In addition, there are different interpretations (vary by District office) as to whether light towers are included for the FDNY generator requirement. A light tower is not a generator! (otherwise it would be called that). It is an internal combustion engine (so are car and trucks engines, pneumatic drills, etc), but should not be considered a generator, it does not transmit power to any external device. They typically hold about 30 gallons of fuel – so a 50 gallon threshold could solve that confusion. If the new rules were to be implemented uniformly it should also apply to construction sites and other non-special event uses (there would be thousands and thousands of additional permits to be issued by FDNY!).

Lastly, I recently heard about these new proposed new regulations from my architect who got an advanced copy. Last week I contacted the two largest generator companies serving the NYC area and they were not aware of these new proposed regulations. In surveying other major special event producers – they were also not aware of these new regulations. I am not sure if the primary permitting agencies were also notified of these proposed changes. I urge FDNY to re-consider the implementing of these regulations until a better process of notification is implemented. Appropriate and better outreach should be made to the community of City agencies, generator providers and special event producers. All of them, myself included, would rather have an extended, in-depth conversations with FDNY and assist in solving whatever issues FDNY is trying to resolve regarding generators. A collaborate approach would be more desirable for all parties.

Thank you for your attention and please feel free to contact me for any additional details regarding my testimony.

Special Events Production, Management and Permits